You want to move out
Notice of intention to vacate
If you want to move out, you need to give the rooming house operator notice of your intention to vacate.
You need to give notice of at least:
- 14 days if you have a fixed term rooming-house agreement that has not ended
- 2 days in all other situations
If you move out without giving notice, or before the end of your notice period, the rooming house operator might ask you to pay rent to cover the notice period.
You can give notice verbally, but it is better to put it in writing so you have something you can rely on later in case the rooming house operator argues you did not give enough notice and tries to get more rent from you.
Rooming house unfit to live in
You can move out immediately if the rooming house is unfit for human habitation, destroyed or damaged to the point that it has become unsafe.
You should keep evidence of this, such as photos, in case the rooming house operator tries to argue that you should not have moved out because they want to get more rent from you.
Family or personal violence
If you have a fixed term rooming-house agreement with someone else, such as your partner, and that person is subjecting you to family or personal violence you can apply to VCAT to end your agreement.
If VCAT makes an order that your agreement can end then you cannot be asked to pay any ‘lease break’ costs, such as rent to cover the usual notice period.
VCAT can also make orders about who is responsible for any outstanding costs, like rent or services, or any damage.
You also have the option to stay. You can apply to VCAT for an order which ends the agreement with the other person but allows you to stay and to start a new agreement in your name only, or in your name and the name of any other person you want to live with.